HomeMy WebLinkAbout1978 08 01 City Council Regular Minutes
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CITY OF WINtEl SPRINGS
AUGUST 1, 1978
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"~l~nof.City Council of the City of Winter Spriai~:~,<i"~.ri", was
"y ..tor 'troy Piland. The invocation was given by ~i1aa.
:tI' pledae1laa' ,ted by Mary Norton. ..
_0110,1 b
'.~l'.J'1:'olfiland, present
'~..ty""1:' Laurent Pellerin, absent
.,ityAttl)~ey Tom Lang, present
Councilmen:
Tom Craven, pre.ent
Burt Logan, absent
Jean Daniels, present
John Sabatini, present
~bU~ . In~t:
IIr.'olpitta, who owns Lot 6, Block C, less east 175 feet, Sec. 1, North Orlando
aan&bes, said he would like to know about lot splitting as he would like to Build
"hit property. The Attorney is to research to see that this lot was legally
spltt at the t~ the first house was built on it.
IIt.B.,quette, Hacienda Village, asked Council for SOIM assistance with the
'ra..ge probl_.
_.ttyGurney, Pr_ix Marbleite Co., asked if the City could give some assistance
in repairing the road.
IIrs. Carrie Weaver, B. Third Street, aSked Council if tha City Attorney could
tOlll. to the Board of Adjustment meeting. Council bad no obJeet.io:n.
4R,rovalof Minutes of .lull 25. 1978:
...tion _,' ude by Couaeilun Sabatini to approve thtt ..inutes of July 25, 1978.
Seeon.' by Co_cilman Daniels. Discussion. Vote on the motion: Couneil.n Craven,
aye; Councilman Lo.gan, absent. Councilaan Daniels, aje. Council..n PeUerin, ebsent.
Council_n Sabatini, ayeJ motioD carried. '
Couacilmleat I, nothing to report.
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VCouncU Seat II, C~U_D Burt Loaa.:
Fee Schedule :
Motion was made by Councilman Daniels that the Attor~ey be inlltructed to draft an
ordinance that will elu.inate any fees in the Code, per se, and ._batituteln
',<appropriate places that fee. to be set by CouDeil by Iresoluti011. Secolu.led by . . /j
':'J~ounci1.man Craven, Discus,ion. Vote on the motion: C~_Clblancr. ev.en, ayeJcoun. cihlan/'
r;fLogan, absent. Counclblan Daniels, aye. Councilun P~Uerin, absent. CouaCil,Mn
i Sabatini, aye; motion carried. .
Attorney Lang read aesolutioa 110. 222, setting fee s~ule..
ljotion was macle by CouncU_n Sabatini to adopt aeao.ution 110. .222. Seconded by
Councilaan Daniels. Discussion. Vote on the .otions q.._UaanCrayen, aye. Co_cil_n
Log_. abseat; CouncilllanDaniels, aye; COuncu..._ P~Ueri_, ab.eRtf Counellun
Sabatini, aye. motion carriecl.
Gould aesolution -Lot Split (Lot 4,Blk.C,N.Orl.llanche. Sec.l):
Motion was made by Councilaan Sabatini to adopt ae..lution 110. 223 for the Go.il
Lot Split. Seconded by Councilman Craven. DiSCUSSion. Vote on the mot ion I CouncU.n
Craven, aye; Councilman Logan, absent. C01Iilcilaa1tDaRiels, aye; Council_a PeUerin,
absent; Councilman Sabatini, aye; motion carried.
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Reg. Session, City Cou....., Aug. 1, 1978
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Motion was made by Councibaan Daniels that fut~re applicants for lot splits be
required to furnish ....s of adjacent property owners within 500 feet and the
clerk, upon receipt of the lot split application with the attached property
owners within 500 feet,be directed to send a letter to all property owners
within 500 feet of the lot split and the date it will be an agert.dacl item and
such notification to be by regular mail. Seconded by Councilman Craven. Discussion.
Voteoa the motion: Co~cibaaa Craven, aye. Council..n Logan, absent.Councilutan
Deaials, a",e, Councilman PeHerin, absent, Councu....n Sabatini, aye; motion carried.
The Clerk was asked to write the League of Cities for any ordinances pertaining to
zoning criteria to tie ~own to lot size.
Attorney Lana read Resolution No. 224 designating roads in the ranchlands.
Motion was made by Cou_ilman Daniels to adopt Resolution BO. 224. Seconded by
co.cilman Sabatiai.Dt,cussion. Vote oa the motion: Councilman Craven, aye,
CO\Ulei1.u. wgan, absellt.; Councilman Daniels, aye; Councilman PeHerin, absent'
Counciblan Sabatini, aye, motion carried.
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Hotion was made by Coaeilman Daniela that the Attorney be instructed to prepare
the necessary resolution to affect the re-addressing of WildwoodP.U.D. Seconded
by Co.~11.1lan Sabatini,Discussion. Vote on the motion: Counciblan Craven, aye,
Councibltart. Logan, absent; Councibaan Daniels, aye; Councilman Pellerin, absent;
Councilman Sabatini, aye, motion carried.
ZOning Question - S.R. 434 & Algiers Avenue:
Hotion was made by Co~Uman Daniels to place on the agenda the subject of a new
category of zoning caUed "Professional Office Buildings". Seconded by CouncUman
Crave.. Discussion. Vote on the motion: Councilman Craven,aye;C01l1'lcu...n. Loaan,
ab.eat. Councitman Dani.la, aye; Councilman PeHerin, absent, Councibun Sabatini,
ao; motion carried.
Motion was made by Councilman Daniels that the Clerk write the Florida League of
CitieS for ordinances regarding criteria for professional office building category
of zoning. Secoaded by ~ouncilMn C:r!aven. DiscussiOn. Voteoa the motion: C01l1'lcilman
Craven, aye' CouncilmaaLogan, absent' Councilman Daniels, aye; Counc:Uman Pellerin,
absent; Councilman Sabatini, no, motion carried.
Hotion was made by Councilman Daniels that we initiate action to rezone the property
in question to RLA. Se40nded by Council...n Sabatini. Discussion. Vote on the motion:
Council...n Craven, aye. Councilman Logan, absent' Councilutan Daniels, aye; COURcU...n
PeUerin, absent; Councilman Sabatini, aye. motion carried.
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H01:1on was made by Councilman Daniels to place on the agenda the subject of Hr.
_..quette's drainage prjbl_. Seconded by Councilmaa Sabatiai. Discussioa. Vote
on the motion: Council_n Craven, aye; Councilman Logan, absent' CouacibaanDaniels, ay..
Councu'man Pellerin, absent, Councilman Sabatini, aye; motion carried.
Hotion was made by Councilman Daniels that we ask the Hayor to take the necessary
a"inistrative action to notify the concerned property owners of the water nuisance
behind C.berland Farms adjacent to Hacienda ViHage and in that notification I
instruct them that if they do not correct the situatioa the City will correct the
situation and charge them for the necessary engineering and work; further that no
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cotrective action be taken by the City until it has been properly ..aiaeered by
the cOft8ultiag engineer to be done within five working days. Seconded by Counc11man
Sabatifti. DUcusBioft. Vote on the motion: Councilman Craven, aye, Councilman Logan,
absent, CouncUman Daniels, aye, Councilaaa Pellerin, absent, Councilman Sabatini,
aye' motion .carried.
Counc~l Seat 111 - CouncUmaa Daniels:
Mo~ion.was..cleby CO\1Ro11ma_ Daniels to transfer funds for th,_jltil1ty tax refund
f~_5-485 (Piunce Dept., Reserve for Contingency) $6,000.00, aftd 5-499 (Finance
Dept., End of Year Cash ift Bau) $9,000.00. Seconded by Councilman Craven.
Discus.ion. Vote on the motion: Councilman Craven, aye, COuncll1Un Logan, absent,
Couacibaaa Daniels, aye' Councilman Pellerin, absent, Councilaan Sabatini, aye'
moti.on carried.
Bu.etWorkshop:-
The 1978-19 Fiscal Year Budget was discussed. The Budget will be discussed again
next week.
CouatU Seat IV - C08ci11..n Pellerin:
Attorney Lang Read Resolution Ho. 225, requiring annual physicals for polic_en
ancl fireaen, etc.
Motion was made by CounciLman Daniels to adopt Resolution Ho. 225. Seconded by
Council_n Craven. Discussion. Vote on the aotion: Couacilaan Craveft, aye;
CouncUman Logan, absent; Councilman Daniels, aye; Councilman Pellerin, absent,
CouacUmaa Sabatini,aye; 1Il0tion carried.
S'l'llcilSeat V -CouaciJ.Bum Sabatini:
.,tiiea was made by , Covm;llm8n Sabatini to place oa the aael\da approval of Purchase
Order 110. 16385 in the aOUllt of $400.00.8econ4e. by Couacilman D4niels. Discussion.
Vote Oft the motion. Counei1.1llan Craven, aye,CouaoUman I.ogan, absent, Co_cUaan
Daniels, aye, COuncilaan Pellerin, absent, Councilaan Sabatil1i, aye, _tion carriecl.
Motion was made by Councilman Sabatini to approve the purchase in the amount of
$400.00 for shell. Secon.ecl by Councilman Craven. Discussion. Vote on the motion:
Oounoil_n Logan, absent' Councilman Cravell, aye,OOU1lcilman Daniels, aye; Couacil..n
Pellerin, absent, CouncibBan Sabatini, aye, aotioa carried.
Motion was _de by Oouncilmaa D4aiels to place on the agenda the Resolutioa subject
of Deputy Mayor to sign checks. Seconded. by Couacilman Craven. DiscussiOll. Vote on
the.tion: COU1lcilmaa Craven, aye, Councilman Logaa, abseat, Councilmaa Daniels,
aye, CounciLman Pellerin, abseat, Councilman Sabatini, aye; _tion carried.
Attoraey Lang read Resolution Ho. 226,authorizing Deputy Mayor Laurent Pellerin to
Sign checks.
Motion was made by CouncilmaD Daniels to approve Resolution Ho. 226. Seconded by
Councilman Craven. Discussion. Vote on the motions Councilaan Craven, aye, Couacilman
Logan, absent' CouDcilaaD Daaiels, aye; CouDcilaan PelleriD, absent' Councilman
Sabatini, aye; motion carried.
Mavot' s Office:
Mr. Rozansky gave a report of the feasibility study. He read a portion of the
letter fro. Wiater Springs Developaent Corporation (copy attached). Attorney
Lang. a"ked Mr. Roaansky which utilities in the County ....uld service Tuscawill..
if they were to contract aad is there a probl_ Swltching..er 8Dd doesther. have
to be a switch over on aay of the utilities; in other words, are there fr8Dchises
that have been giveD.by the COuRty, by law Tuscawilla beco.es aa eDtity within the
County subject to the rules and regulatioas. CouDciImaa Daniels said there are nODe.
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Reg. Session, City Council, Aug. 1, 1978
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Attorney Lang asked this so that it could be documented.
Attorney w.1lg reported he had received a map frOll Chelsea Title which outlines
the areas that are covered by the legal description in the petition for contraction
of _nicipal boundaries.
A~torney ~ng said the questions that have been raised that he didn't feel he
has .een authorized to go into are: effective the date of the contraction that
prOperty w.ill go into the County and by law all county ordinances and regulations will
apply and they will be sUbject to; I do not know what those county ordinances are
and I think. there are cheaper ways than using .e to go up and research to find out
what w111 apply - that lis legal consideration for everyone. I feel that should be
a part of the record that is used for determining the feasibility of the petition.
The other questlonraised by Hr. Hassey - the contraction provision speaks in terms
of a petition of l~ of the qualified voters in the area 4esiring to be excluded
froa the municipal boundaries - that creates a real question as to what is an area
desUing to be excluded? My interpretation is that if a petition caae in and
described property and 15% of the residents in that area signed - then you have a
valtdpetition for that purposes in front of you; my concern is he raises a valid
unanswered question in the law that being whether or not resielents can include
undeveloped prGperty within the area that they bring to the City Council; and I
have researched it and can find no answer to that question; Therefore I can give
no answer to that question, but I think we can probably expect challenge from the
Developers involved.
~5''1,~cttman Da~tel~ ~tatedtha~)\,,~fel.t the leliuJ.\ ~e,~!,r~.~~..of UIl~ert~~}.no,~a ,
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Motion was made by Councilman Daniels that we accept the petitions for contraction
of tBUnicipal boundaries. Seconcled by Councilman Craven. Discussion. VGte on the
motion: CouncilMn Craven, aye; Councilman Logan, absent; CGuncu..an Daniels, aye;
Councilman Pellerin, absent; Councilaan Sabatini, no; motiGnc:arried.
Motion was made by Councilaan Daniels that the Clerk i.-ediately have the signatures
Verified as being registered voters with the Supervisor of Blections. Seconded by
Council.nCraven. Discussion. Vote on the motion: Councilaan Cra.,en, aye;
Counc:l.1MnLo8an, absent; Coactlman Daniels, aye; Co_cu.... Pellerin, absent;
Councilman Sabatini, no; motiou carried. (The City is tG absorb the cost because
the Statute is silent as Council took no action).
Mayor Piland challenged the validity of any action taken this evening by the two
1Il8lJlbers on a 5....8IIber Council as being a valid action,. so I would propose that all
the motions that were made and passed by a 2 to 1 vote are actually failedaotions
aud would ask fGr your legal opinion in SOIIl8 point in time.
KayorPiland stated that he feels it is a total disservice to those people out
there to pass this tonight without adequate review of all the doc_entation that is
forthcoming.
MGtion was made by Councilman Daniels that provided the Clerk determines there are
at least 1st. of the registered voters of the area concerned signed the petitions,
that necessary action be initiated by the Attorney to set a public hearing on the
contraction of municipal boundaries on September 19. Seconelect by Councilman Craven.
DisCUSSion. Yote on the motion: Councilman Craven, aye; Councilman Logan, absent;
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~uuCiluu Dauiels, aye; Couucilun Pellerin, abseut; Couuciluu Sabatiui, no; motion
carried.
City lugiueer, Cal Coukliu, is to be asked what it would cost to coapile a document
such as the Public lugineering .eport for the City pertaiuiug to our total road
fmprov.ents.
The iuter-local agreement for road maiutenauce with the Cquty has been referred to
the Attorney aud will be on the ageucla uut week. Also the inter-local agre.ent
in reference to County-Cnty joint participation of paving of North EdgelRO'I1 has
beau referred to the. City Attor'l1ey.
Heeting was adjourned.
Respectfully submitted,
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Mary T. Norton,
City Clerk
Approved:
,UYOR